What to Do When Someone Dies in Berkeley County, South Carolina
Probate in Berkeley County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Berkeley County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate Court
Berkeley County
Address
Phone
Fax
Hours
Departments
- Estates Division
- Marriage License Division
- Mental Health/Alcohol & Drug Division
- Guardianships/Conservatorships/Minor Settlements Division
Drop box available at front of courthouse 9am-4pm. Does not accept credit cards. Charleston: (843) 723-3800 ext 4519; St. Stephen: (843) 567-3136 ext 4519. County site is bot-walled; contact info re-verified via SC Judicial Branch.
Verified July 5, 2026 · Source
How Probate Works in Berkeley County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Berkeley County, probate runs through the Probate Court at 300-B California Avenue, Moncks Corner.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Carolina intestacy law when there is no will.
Most South Carolina estates take 9 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to move through this process. The 8 monthsS.C. Code § 62-3-803Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Berkeley County
What probate costs in Berkeley County, South Carolina comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 300-B California Avenue, Moncks Corner.
Probate matters are handled through Estates Division, Marriage License Division, Mental Health/Alcohol & Drug Division, and Guardianships/Conservatorships/Minor Settlements Division. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Drop box available at front of courthouse 9:00 AM - 4:00 PM; Does not accept credit cards. These are county-specific and not posted on the statewide court site.
South Carolina charges Flat lower brackets, then 0.15% of value between $100K and $600K, then 0.25% of value over $600K (uncapped)S.C. Code Ann. § 8-21-770(B)Verified Jul 14, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in South Carolina are negotiated, typically 2.1%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source to 3.3%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in South Carolina, typically 5%S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified Jul 14, 2026View source to 5%S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified Jul 14, 2026View source of estate value. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%S.C. Code § 62-3-603Verified Jul 14, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source, and costs accrue throughout. The 8 monthsS.C. Code § 62-3-803Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Probate Court
Probate cases in Berkeley County are filed at the Probate Court. File in person during business hours or by mail.
Filings here are routed through Estates Division, Marriage License Division, Mental Health/Alcohol & Drug Division, and Guardianships/Conservatorships/Minor Settlements Division. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
For a full cost comparison and filing checklist, see the Berkeley County Self-Filing Assessment.
Berkeley County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Drop box available at front of courthouse 9:00 AM - 4:00 PM
What to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Berkeley County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Register of Deeds.
Recording Office Record
Register of Deeds
Berkeley County · Register of Deeds
Address
Phone
E-recording
Recording fees
| Flat fee (any length) | $15 |
| Affidavit for Taxable or Exempt Transfers (affidavit of true consideration)RequiredEvery deed presented for recordingS.C. Code 12-24-70(A)(1): the clerk of court or register of deeds SHALL require an affidavit showing the value of the realty to be filed with a deed, signed by a responsible person connected with the transaction (who must state that connection); the recorder may waive it at his discretion. For an EXEMPT deed the value need not be stated, but the affidavit must state the REASON the deed is exempt (12-24-70(A)(2)). No affidavit is required for a deed of distribution under 62-3-907 (12-24-70(D)). A wilfully false affidavit is a misdemeanor (12-24-70(C)). No separate fee when filed with the deed — the $10 fee in 8-21-310(B)(3) applies only to affidavits NOT attached to another document being recorded. | $0 |
FLAT FEE, NO PAGE COMPONENT. Recording a deed to real estate costs a flat $15 regardless of page count (S.C. Code 8-21-310(A)(1)); a 2-page deed and a 40-page deed cost the same. Mortgages, land sale contracts, leases, easements, plats, UCC filings, and powers of attorney are a flat $25 (8-21-310(A)(2)); satisfactions, releases, assignments, and memoranda of trust are a flat $10 (8-21-310(B)). These amounts are uniform across all 46 counties — 2019 Act No. 58 (H.3243), eff Aug. 1, 2019, replaced the old per-page schedule. SEPARATE from the recording fee, the deed recording fee ("deed stamps") of $1.85 per $500 of value applies to conveyances for consideration, and an affidavit of value must accompany every deed (12-24-70). E-recording is authorized statewide but optional per county (S.C. Code 30-6-10 et seq., URPERA); where offered it is typically limited to attorneys, lenders, and title companies, so an individual filer generally records on paper or by mail.
S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
Transfer tax
$1.85 per $500 of value, or fractional part of $500 (S.C. Code 12-24-10(A)), composed of a $1.30 state fee and a $0.55 county fee (S.C. Code 12-24-90(A)) State; None beyond the $0.55-per-$500 county portion already inside the $1.85 rate. SC counties may not levy an additional local transfer tax. local. Exemptions are in S.C. Code 12-24-40: value of $100 or less (1); transfers to federal/state/local government (2); IRC 1041 divorce transfers (4); partition (5); family partnership or family trust transfers without consideration (9); corrective or quitclaim deeds confirming title already vested, with no consideration (12); deeds in lieu of foreclosure (13). Separately, S.C. Code 12-24-10(B) puts two death-transfer instruments outside the chapter entirely: a deed of distribution to a decedent's distributee under 62-3-907, and a deed transferring realty from a trust to a trust distributee on the settlor's death. Deduction from value allowed for a lien existing before and remaining after the transfer (12-24-30(B)). Fee is the grantor's liability (12-24-20(A)).
Elected Register of Deeds.
Verified July 14, 2026 · Source
Probate Attorneys Serving Berkeley County
South Carolina allows informal probate, so many families settle straightforward estates in Berkeley County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in South Carolina are based on reasonable compensation — typically 2.1%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source to 3.3%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Berkeley County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Lowcountry / Charleston Firms
DeMott Law Firm, PA
Solo PracticeDeMott Law Firm specializes in estate planning for individuals and families, offering personalized guidance through wills, trusts, and asset protection strategies. Russell DeMott is a former Dorchester County Associate Probate Judge and current part-time Magistrate Judge.
Location
300 N. Cedar Street, Suite ASummerville, SC 29483
Phone
(843) 695-0830
Established
1995
Service Area
3 counties
LaFond Law Group
FirmLaFond Law Group has served the Charleston area since 1998 with estate planning, probate administration, and elder law services. Catherine LaFond holds an LL.M. in Estate Planning from the University of Miami School of Law.
Location
544 Savannah HighwayCharleston, SC 29407
Phone
(843) 762-3554
Established
1998
Service Area
3 counties
Bromley Law Firm LLC
Solo PracticeBluffton firm serving Beaufort, Bluffton, Hardeeville, and Hilton Head. Drafts wills, revocable living trusts, financial and healthcare powers of attorney, and living wills, and guides personal representatives through probate and estate administration.
Location
211 Goethe Road, Suite BBluffton, SC 29910
Phone
(843) 868-2801
Clark & Stevens, P.A.
FirmClark & Stevens has served Hilton Head Island and the Lowcountry for over 30 years. The firm handles estate planning, wills, family trusts, living wills, medical powers of attorney, probate, long-term care planning, tax planning, and asset protection.
Location
60 Arrow RoadHilton Head Island, SC 29928
Phone
(843) 258-5550
Evans, Carter, Kunes & Bennett, P.A.
FirmEvans, Carter, Kunes & Bennett is located in the heart of downtown Charleston. With over 100 years of collective experience in taxation and estate tax planning, the attorneys assist clients in income taxation, estate planning, probate, trust law and charitable organizations. Each attorney holds a Masters of Law in Taxation or Estate Planning.
Location
115 Church StreetCharleston, SC 29401
Phone
(843) 577-2300
IKON Law LLC
FirmMount Pleasant firm practicing in estate planning and probate law, serving clients throughout the Charleston and Lowcountry regions. Practice covers wills and trusts, probate and administration, and powers of attorney.
Location
3404 Salterbeck Street, Suite 204Mount Pleasant, SC 29466
Phone
(843) 416-8498
Jolley Law Group, LLC
FirmJohn M. Jolley is a Certified Specialist in Estate Planning and Probate Law by the South Carolina Supreme Court and a Fellow of the American College of Trust and Estate Counsel (ACTEC). The firm has been named to Best Lawyers in America for four consecutive years and Jolley was named Lawyer of the Year in Trusts and Estates.
Location
99 Main Street, Suite 103Hilton Head Island, SC 29926
Phone
(843) 681-6500
Levin Gilley & Fisher, LLC
FirmLevin Gilley & Fisher maintains a long-established practice founded in 1948 that focuses on representing individuals and businesses with real estate transactions, estate planning including wills and trusts, probate and trust administration, and business and corporate matters. The firm serves Beaufort, Dataw Island, Fripp Island, Port Royal, Bluffton, Hilton Head, and throughout Beaufort County.
Location
811 Craven StreetBeaufort, SC 29902
Phone
(843) 522-9000
Established
1948
Ruff & Ruff, LLC
FirmRuff & Ruff serves the Lowcountry from offices in Beaufort and Hilton Head Island. The firm handles estate planning, wills, trusts, advance care directives, powers of attorney, pre-nuptial and post-nuptial agreements, and fiduciary services.
Location
17 Professional Village CircleBeaufort, SC 29907
Phone
(843) 524-5400
Rutledge & Coxe, LLC
FirmRutledge & Coxe is a Charleston estate planning firm where attorneys W. Thomas Rutledge, Jr. and Campbell D. Coxe, Jr. have spent their entire legal careers handling estate and trust matters with over 50 years of combined experience. The firm prepares wills, powers of attorney, trusts, and probate documents, and serves as personal representatives and independent trustees.
Location
1700 Ashley River Road, Suite ACharleston, SC 29407
Phone
(843) 225-1599
The Law Office of Michael J. Howell, P.A.
FirmMichael J. Howell has over 40 years of estate planning, probate and trust law experience and is certified by the South Carolina Supreme Court as a specialist in estate planning and probate law. The firm serves Hilton Head Island, Bluffton, Beaufort County, and the Lowcountry.
Location
1 Corpus Christi Place, Suite 112Hilton Head Island, SC 29928
Phone
(843) 785-7590
Wiles Law Firm
FirmWiles Law is a full-service Estate, Tax and Business Planning law firm founded in 2007. The firm assists clients with wills, trusts, probate, wealth transfer, and tax and business planning, serving the tri-county area around Charleston.
Location
184 East Bay Street, Suite 103Charleston, SC 29401
Phone
(843) 718-0232
Established
2007
Firms from Neighboring Regions
Finkel Law Firm LLC
FirmFinkel Law Firm LLC was founded in 1970 and provides legal counsel in estate planning, probate, and more. Their Columbia probate lawyers have 50+ years of experience in probate administration and litigation cases.
Location
1720 Main Street, Suite 303Columbia, SC 29201
Phone
(803) 470-0118
Established
1970
LawyerLisa, LLC
FirmLawyerLisa focuses on estate planning, elder law, probate, life care planning, and trust administration. The firm develops comprehensive plans incorporating legal, financial, and healthcare needs, with six offices across South Carolina.
Location
7511 Saint Andrews Road, Suite 3Irmo, SC 29063
Phone
(803) 563-5163
Service Area
3 counties
Todd and Johnson, LLP
FirmTodd and Johnson was founded in Columbia in 1980 with a focus on estate planning, trusts, probate, and tax law. Multiple attorneys hold the Certified Specialist designation in Estate Planning and Probate Law from the SC Supreme Court, and several are Fellows of the American College of Trust and Estate Counsel (ACTEC).
Location
609 Sims AvenueColumbia, SC 29205
Phone
(803) 252-1500
Established
1980
Service Area
6 counties
Statewide Practices
Kirby Law, LLC
FirmKirby Law, LLC is a boutique Estate Planning and Probate law firm serving the entire state of South Carolina. Since 2005, the principal attorney has been designated by the Supreme Court of South Carolina as a Certified Specialist in Estate Planning and Probate Law. Angela Kirby is both a CPA and an Attorney, and was an Associate Probate Judge for Richland County Probate Court for over five years.
Location
828 Woodrow StreetColumbia, SC 29205
Phone
(803) 256-6401
Service Area
Statewide
Parker Law, LLC
FirmParker Law handles estate planning, probate, estate and trust litigation, guardianship, and conservatorship matters from offices in Columbia and Chapin. Gregory E. Parker, Jr. is recognized as a Rising Star by Super Lawyers in estate and trust litigation.
Location
1314 Lincoln Street, Suite 210Columbia, SC 29201
Phone
(803) 784-4203
Established
2019
Service Area
Statewide
Stratton & Reynolds, LLC
FirmStratton & Reynolds, LLC serves individuals and families with a special emphasis on the elderly and aging populations. The attorneys offer estate planning services for personal estates and businesses, as well as expertise in elder law, Medicaid and skilled nursing care planning, and probate avoidance.
Location
905 Old Cherokee RoadLexington, SC 29072
Phone
(803) 358-7214
Service Area
Statewide
Turner Padget Graham & Laney, P.A.
FirmTurner Padget is one of South Carolina's largest full-service law firms, established in 1903. Their Wealth & Estate Planning practice includes nine members of the American College of Trust and Estate Counsel (ACTEC), attorneys with SC Supreme Court certified specialist designations, and a former Probate Court Judge.
Location
1901 Main Street, 9th FloorColumbia, SC 29201
Phone
(803) 254-2200
Established
1903
Service Area
Statewide
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
- S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)
- S.C. Code § 62-3-603
- S.C. Code § 62-3-719 (PR compensation
- S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)
- S.C. Code § 62-3-803
- S.C. Code Ann. § 8-21-770(B)
Data sourced from South Carolina statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in Berkeley County, attaching the original will (if any), the death certificate, and the filing fee (about $695). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $41,437 statewide in South Carolina. For Berkeley County, that means filing fees (about $695 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Berkeley County typically requires in-person or mail filing for probate petitions. Check the court's website for the latest procedures — some counties have added e-filing for specific document types.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The South Carolina self-filing assessment scores whether this estate can be handled without one.
A simple South Carolina probate typically closes in 6–9 months; average estates run 9–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Berkeley County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
